Conner v. Connecticut Fire Ins.

CAEE, District Judge.

This cause comes on for a hearing upon the motion to remand to the state court. The policy sued on is for $3,000: the declaration claims interest from the expiration of 60 days from the proof of loss, and a reasonable attorney’s fee allowed by the statute.

It is the contention of the plaintiffs that the attorney’s fee cannot be considered in making up the jurisdictional amount for this court, and they rely upon Peters v. Queen Ins. Co. of America (C. C.) 182 Fed. 115, and Swofford v. Cornucopia Mines of Oregon et al. (C. C.) 140 Fed. 957. In the first case Judge Speer…